41 USC Ch. 7: Front Matter
From Title 41-PUBLIC CONTRACTSCHAPTER 7-OFFICE OF FEDERAL PROCUREMENT POLICY
CHAPTER 7-OFFICE OF FEDERAL PROCUREMENT POLICY
Sec.
401.
Declaration of policy.
402.
Congressional findings and purpose.
403.
Definitions.
404.
Establishment of Office of Federal Procurement Policy; appointment of Administrator.
405.
Authority and functions of the Administrator.
(a)
Development of procurement policy; leadership.
(b)
Government-wide procurement regulations.
(c)
Noninterference with executive agencies.
(d)
Enumeration of included functions.
(e)
Consultation; assistance of existing executive agencies; advisory committees and interagency groups.
(f)
Oversight of regulations promulgated by other agencies relating to procurement.
(g)
Assignment, delegation, or transfer of functions prohibited.
(h)
Automatic data processing and telecommunications equipment; real property procurement; Office of Management and Budget.
(i)
Recipients of Federal grants or assistance.
(j)
Policy regarding consideration of contractor past performance.
(k)
Annual reporting requirement.
405a.
Uniform Federal procurement regulations and procedures.
405b.
Conflict of interest standards for individuals providing consulting services.
(a)
Issuance of policy and regulations.
(b)
Services subject to regulations.
(c)
Report to Congress by Comptroller General on effectiveness of regulations.
(d)
Intelligence activities exemption; annual report by Director of Central Intelligence.
(e)
Adverse effect determination by President prior to issuance of regulations; report to Congressional committees; voiding of regulations requirement.
406.
Administrative powers.
407.
Responsiveness to Congress.
(a)
Annual report on activities.
(b)
Submission of policy matter or regulation to Congressional committees.
(c)
Waiver of notice requirement by President.
408.
Applicability of existing laws.
409.
Effect on existing regulations.
410.
Authorization of appropriations.
411.
Delegation of authority by Administrator.
412.
Comptroller General's access to information from Administrator; rule making procedure.
413.
Tests of innovative procurement methods and procedures.
414.
Executive agency responsibilities.
414a.
Personnel evaluation.
415.
Repealed.
416.
Procurement notice.
(a)
Covered executive agency activities; publication of notice; time limitations.
(b)
Contents of notice.
(c)
Exempted, etc., activities of executive agency.
(d)
Availability of complete solicitation package; payment of fee.
417.
Record requirements.
(a)
Establishment and maintenance of computer file by executive agency; time period; coverage.
(b)
Contents.
(c)
Record categories.
(d)
Transmission and data system entry of information.
417a.
Procurement data.
(a)
Reporting.
(b)
Definitions.
418.
Advocates for competition.
(a)
Establishment, designation, etc., in executive agency.
(b)
Duties and functions.
(c)
Responsibilities.
418a.
Rights in technical data.
(a)
Regulations; legitimate proprietary interest of United States.
(b)
Unlimited rights; technical data; developed with Federal funds; unrestricted, royalty-free right to use; rights under law.
(c)
Factors; regulations.
(d)
Provisions; contracts; regulations.
418b.
Publication of proposed regulations.
(a)
Effective date; procurement policy, regulations, procedure or form; publication in Federal Register.
(b)
Publication in Federal Register.
(c)
Notice; proposed policy; contents.
(d)
Waiver.
419.
Contracting functions performed by Federal personnel.
(a)
Limitation on payment for advisory and assistance services.
(b)
Covered personnel.
(c)
Rule of construction.
420.
Repealed.
421.
Federal Acquisition Regulatory Council.
(a)
Establishment.
(b)
Membership.
(c)
Functions.
(d)
Additional responsibilities of membership.
(e)
Governing policies.
(f)
General authority with respect to FAR.
(g)
Reports.
422.
Cost Accounting Standards Board.
(a)
Establishment; membership; terms.
(b)
Senior staff.
(c)
Other staff.
(d)
Detailed and temporary personnel.
(e)
Compensation.
(f)
Cost accounting standards authority.
(g)
Requirements for standards.
(h)
Implementing regulations.
(i)
Reports to Congress.
(j)
Effect on other standards and regulations.
(k)
Examinations.
(l)
Authorization of appropriations.
423.
Procurement integrity.
(a)
Prohibited conduct by competing contractors.
(b)
Prohibited conduct by procurement officials.
(c)
Recusal.
(d)
Disclosure to unauthorized persons.
(e)
Certification and enforcement matters.
(f)
Restrictions resulting from procurement activities of procurement officials.
(g)
Contractual penalties.
(h)
Administrative actions.
(i)
Civil penalties.
(j)
Criminal penalties.
(k)
Ethics advice.
(l)
Training.
(m)
Remedies not exclusive.
(n)
No authority to withhold information.
(o)
Implementing regulations and guidelines.
(p)
Definitions.
424.
Repealed.
425.
Nonstandard contract clauses.
426.
Federal acquisition computer network (FACNET) architecture.
(a)
In general.
(b)
Functions of FACNET.
(c)
Notice and solicitation regulations.
(d)
"Architecture" defined.
426a.
Federal acquisition computer network implementation.
(a)
Certification of FACNET capability in procuring activities and agencies.
(b)
Certification of Government-wide FACNET capability.
(c)
Implementation of interim FACNET capability.
(d)
Implementation of full FACNET capability.
(e)
Eligible contracts.
427.
Simplified acquisition procedures.
(a)
Requirement.
(b)
Prohibition on dividing purchases.
(c)
Promotion of competition required.
(d)
Consideration of offers timely received.
(e)
Special rules for use of simplified acquisition procedures.
(f)
Interim reporting rule.
428.
Procedures applicable to purchases below micro-purchase threshold.
(a)
Requirements.
(b)
Exclusion for micro-purchases.
(c)
Applicability of certain provisions.
(d)
Purchases without competitive quotations.
(e)
Equitable distribution.
(f)
Implementation through FAR.
(g)
Micro-purchase threshold defined.
429.
List of laws inapplicable to contracts not greater than simplified acquisition threshold in Federal Acquisition Regulation.
(a)
List of inapplicable provisions of law.
(b)
Covered law.
(c)
Petition.
430.
List of laws inapplicable to procurements of commercial items in Federal Acquisition Regulation.
(a)
List of inapplicable provisions of law.
(b)
Subcontracts.
(c)
Covered law.
(d)
Petition.
Chapter Referred to in Other Sections
This chapter is referred to in sections 405a, 405b, 601, 607, 705 of this title; title 25 sections 450j, 458cc; title 40 sections 474, 481, 487.